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    Leeds : —Printed for the Proprietor, Fbabqw

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    ( Continued from our Seventh page . ) diers' room—the room , not at the corner , but at the extreme end from the corner , and some in a room between that and the passage . These prisoners had been taken between the Sunday night and Monday morniiig , and were confined there . I think , therefore , gentlemen , that you have already anticipated what the demand 10 surrender reall y meant—that it was to surrender those prisoners—the Chartists who had been taken , nnd who had belonged to the body which hid marched down to Newport . It is very singular , gentlemen , that only one person—it is a most important fact—has been called to prove the use of these words in reference to the surrender of prisoners . You hare special constables iu froat ( Continued from our Seventh page . )

    of the Westgate , lining the place ; you have persons who tunic i king 3 crideuce , and who were near enough to Le wounded . I alluded to the witness Matthew William ? , who spoek to other declarations aud expressions that had been used ; whilst there is but oue vri : nc-53 called who speaks to the demaud j made of the persons iu the inn , whether civil or military , to furrc-ndcr themselves prisoners ; and , gentlemen , that man admitted that such couitu-ion and noisf existed at the time , aud , that in his mind th ' . re was a great sense of danger prevailing . 1 inn ? i say I think it singular , if the words were us- ^ ar . d used in the tense in which he could wish yo j » .: foclievc—I marvel that the case for the Ckih . h j s supported hv no other testimony to confirm tl ie

    evidence as to this demand . I think it rcmsrKa ole . It is a most important aud striking feature , ge j tlemen , that even if this be true , it is not decisiv e against Mr . Frost , becau = o the demand m ? j ; ht bave been made with other objects of a private oi ; personal nature , aud not at all partaking of high treason . It , docs nut follow , if that demand hs . s not the meaning applied to it , that Mr . Fro ^ t is guilty of treason ; tut it follows that ho is not guilty if my friend is wrong aud I am right , and lamina condition to prove it , that the demand wss not" surrender yourselves our prisoners , " but " surrender our prisoners . " the persons , the Chsrtists who had been apprehended during the night , and who were iu the " ™ at tbat momeut . Qcutleaeu , I think it so important thtt I

    cauuot help impressing on your aitca'ion tha : the £ rtt act < ti Aid aegoA&ion or parley -was a demand made , before any violence was nseS , oefore a shot was fired , and before a window was broken . If that demavti were made , why hac it net been provec . over and over again by t large body of tlje witnesses for the Crown ! For , if it be true that it was nadc , I submit that it could be so proved . Gentleman , there have been summoned , according 4 o the Ikts that have been furnished us , two haudred witnesses and out -of these not aore than thirty-nine or forty have beea called . I do not complain . Do not understand , . gentleaca , that 1 compki ; : ; nor should I ccaoplain , if it turned out that a difference existed k-twecn some of the witnesses for the ' Crown with

    arespeci- to thrir testimony as to some expressions sised and declarations niad-s—and if the'Crown presented one ¦ vd tness and kept back another ; auu I "will tell you why 1 should not-complain . Although in stating a case for the jury you arebs ^ nd to state 3 io fact wiich you do not believe to be true , aud to ^ present no witness who is not to sose extent , at least , euti-. lcd to credit , still I doabt if you are bound to risk a prosecution ty sending ali your witnesses ic : o coj ' . rt , who may thus give an inconsistent account tf what is yoar duty to prove . But I can-• Bot help thhikiug that it must have occurred to those who conduct tiw prosecution ( this-is not luthr dc-; partm ? :: t of my learued friends here ) to ask others —Did any one come up end say' ^ -surrender

    vour-Eelve 3 our prisoners . ? " Who is there to prove Hi Why , there were hundreds present who must be competent to prove it . The Chartists who have been witnesses here coald prove it . One of the constables' own party is said to have called out in reply " Never ! " This was not Thomas Bevau Oliver . No . Who was the man * Where is he ? Hcs he been called ' . No . Now , gentlemen , I be-Jievs that I am right—1 believe tliat I might appeal to my Lords , if I am not correct , when I say that Thomas B-. van Oliver is the enly pan who has proved the declarations made by aud in the hearing of several . He is net the person who called out " *? Never ! " It was another , and it cannot be said that hois amongst the slain . Thank God ,

    sentljunen , that although severe suffering and painful ¦ grounds were inflicted upon ore and another of those who were assembled for the protection of the town and the preservation ef peace , the i ' atal events of ¦ that morning lighted alone on those unfortunate -individuals who were engaged in these unfortunate transactions . The man who called out " Never !" onght therefore to be forthcoming . He who answered the challenge—where is he ! Has he been sought for ! If so , -could he be sought in Tain I Is there , gentlemen , a want of disposition to come forward aud claim a gallant and manly part in the events of that day ! Apparently not . 1 wish not to disparage any person , and least of all Sir Thomas Phillips , who has been-most deservedly honoured

    by the dignity he hes received from the Crown , and which 1 hope I may be permitted to say , in lay opinion , receives lustre from the fact that it has been so conferred on such a man . My learned friend and myself , who are associated in this title with hinijinay well feel honoured by the association of a man bearing it for such services as he has rendered to his Queen and to his country , by the prompt , the gallant , and persevering way in which he conducted himself . But there hap been no backwardness in claiming a share in these transactions . I do not speak disparagingly . To speak in terms of respect of Sir Thomas Phillips is my sincere desire ; and , gentlemen , it must be in your recollection that the mayor and the gallant captain , who commanded at

    the Westgate , have contended here for the post of honour and danger . It i 3 clear that this post was the portion of the bovr-window nearest to the door where the insurgents -were . There was the mayor and the conmander of the troops also . Sir Thomas Phillips stated that he was the nearest to that side , and the captain &e farthest from it , whilst the gallant captain reverses the positions , and claims for himself the post of danger , and places the mayor in that next removed from it . Thus , gentlemen , there has been no want of a disposition to claim apart in those transactions ; feat where is the bold individual ¦ whO jWhen the demand to surrender wasmade . called out , " Never ! " It was not Oliver who thus zaswered the challenge ; and yet he is the only witness to

    prove it . He proves both the demand and the answer ; but where is the man who made the answer ? "Where are those by whom he was surrounded when Le made it ! If there be such a man in Newport , why has he not been asked as to this ! But he was not alone . If Thomas Bevan Oliver heard him cal out , " Never , " there . are several others who must Lave heard the demand also . Has that man been asked by the active , rcalons , and discreet magistrates who have been engaged iu geltisg up the prosecution—has he been asked "Are you the person who called out' Never ? '" Aud " To what demand did you thus reply ! " Ess he said that "The demand was not * surrendsr yourselves our prisoners . ' but ' surrender vour prisoners ;'" " aud

    hait been said to him " You are not the man we want ; you would contradict Oliver ; but who was beside you ! what woollen-draper , what smith in the town ; if any . sent them to we ;' aud has it been £ 2 id to them , " You have heard your neighbour call out * never' to what did he then answer' '" to thedeciand that the prisoners shall be surrendered ; " and . has it been again said to them , " Then you are net the witnesj-es we want , yon will contradict the witness Oliver . " These are serious considerations , aud will no doubt present themseh-es when you take up the case of the Crown . I have said , gentlemen , therefore— to quit this pert oi tha case—that Thomas Bevsn Oliver is the only one of the special constables around the man who his stated the words of

    tne demand , and of the man whom he does not inow , who called oat" Never / ' and who has not died since these transactions . Why , then , is hs not here to avow that he . is the man ! Why are not those who surrounded lam here to speak as to what they answered ! But before I dismiss this -part of the case , I Iiave to stoic that I am instructed there are one or two—several witnesses , who will be -ealled to prove that what passed on that oecasioii was a dcEiand for the surrender of the witnesses who were then confined in the inn ; whilst you have to sustain the other side of the question one solitary witness , who was doubtless mistaken as to its import . iThe words are similar , and Le cji ght have beea mistaken without any criminal intention to press upon the prisoner . But still there is but-one witness to support the ease of the Crown ; and where there is

    but one where there might be a host , and where there must at Jeast be oile more . f ! : i .=, geiitlemez ! , I submit , leaves the case of the Crown in a state of doubt—in e . state from which you can derive nothing conclusive that the demand was u surrender yourselves our prisoners . " But I shall be enabled to put this part of die case in a condition beyond all doubt , as I shall be enabled , 1 am informed , to show , by persons acting , not as Chartists but as special constables , by indifferent witnesses that the demand in question related to the surrender of the prisoners who were then in the Westgate Inn , that tbo call for those prisoners was loud and general , and that the mistaken statement , supported ss that statement is by the evidence of one witness only , is to be merely accounted for by the alarm and confusion of faculties in whica that

    witness was at the time . Now the statement , so far as I can recollect , is the first part of the evidence that is brought forward to indicate the oojeet and intentioa of the prisoner in thus entering Newport , and when the truth come 3 to be investigated , what is theresalt ? Why , so far from fixing the guilt of treason on Frost , it tends to shew that the imme-S ° * f "A * « t 0 tho Westgate Inn was to fcV > £ eratI 0 n of the p risouers wlioni thev fcJV u here ' ? nd n (" f ° rthe Purpose of fight-Z It ? ldl 6 rS ' * hom J Ehal ! » a enabled to g . ve you the strongest Masons for believing thev not only did no know to oe there , but whom they believed to be eheirtaK . I shall acain have amLn < la .

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    Samuel Simmons , who Fay , , « i Eaw Mr . Frost ; he was on the pavin& by th ' j anchor sbop close by . Tho people could not keep o- There is a bow window on one side . Frost nud . 'Turn round and show vour appearance to thefrc & •¦> Kow i remmber one of you , gentlemen , as * j him if he was quite certain that was the esp- . ^ jo ,,, i tn 5 llk j t exceedingly proDau . e tnat w iS ri 6 t t | ie exaGt eXpreS 3 iou , an l that it was put \ a otiieT . language . At the same t m ?' , } B not for me to charge a prisoner with wiitul mis-sta ^ ment , far less with perjury , on a point o , _ this mu But I call your attcutioa ^ . to the ex ^ slon » < vea a 3 a witness gave it , "Turn rouud , . i V , * our a ? P earauce t 0 tlie front . " Not a WorU 01 ' Ksklnir anv attack—tlifi nntar i « tnt . nllv Samuel Simmons , who mv- « tmWh . u . » . . u

    JIv- ? StiMS idea of attack . Not tura round and attacs t ^ inn—not turn round aud fire on the militar * jt turn round and do anythiug—excepf'turn roun < ^ jhIsJhuv yoar appearance in &e frout ; " and * r . «' ily believe that this expression , which has la ! / ft from a witness of the Crown , affords the rrae ~ ° lffiion of the whole character of the unfortunate 1 t > : iness , I now pass to some- oflJicmore extrac-rdaary , aud m some degree the less important objects / — -wlmt the vritnesses have imputed to these parties > on tho 4 th of Noveiabcr . For the present 1 say no ; more about the demand of surrender ; but I ; trust I have made it intelligible to you gentlemen , that this expression was proved o : ily by oue witness , instctd ui by dozens , as if realiy uttered in the

    language stated , it might easily have been—this demand , not beuig replied to by tho individual to whom it was addressed , merely related to the surrender c ? the prisoners , whom , for thafirst time that day they hoard wero couiiiied in the Westgate ; aud that it , is absurd to imagine , a 3 the wftiicss for the Crown wishes you to believe , that they went up to the Westgate in military erray , and called upon the cou'itables thereto surrender themsekes prisoners oi wai \ Now , then , gentlemen , let- me call yoar attention to Matthew Williams , the fourteenth witness and Ac "first witness examined on the seosad di » y . I -tnll 'first call your attention totnatjrart w 3 iere he endeavours to fix the prisoner , aud those who were with him , with treasonable intentions , an

    account cf $ he objects they had in view . He says , " We were told we were to go to Newport , ie stop tlie coaches , the post , and all 'traffic ; besides , we were to sto . pand gitard the town . " Now this , gentlemen , the witness with respect to whom a vory odd matter occurred about a man said to tea messenger , and called Seid or Roeves , you may remember , he stated he lived up in the hill country , that he met , at live or six o clock , with other persons xhere . Cefu was mentioned , and they went to the Oak , and also the witness wanted very much to give his evidence in Welsh , and that their lordships very properly prevented , as he spoke better English than we did Wolsh . Thiswituess , gentlemen , professed to be a person pressed into the service . You will judge , geatlemen , how far those persons who were pressed into the service were the individuals most likely , as the ? : praended to be , made tho confidential and privy counsellors of this treason . You will also judge how

    far it is likely , or rea , sonable , or probable , that the parties accused intended to do all that ie ascribed to diem by the declarations imputed to them by such witnesses as these . You will usk yourselves what is the probability , if such designs were contemplated , that the confidents of them would be persons who lad been pressed into the ; service , and that to them should be confided the oxtent of the mischief intended to be done , and the treason about to be perpetrated . Well , this witness , after describing some of the country round about , says they went to Tredegar Park , &c , ana it appears tke party did not know wheru they were going , nor what they were going to do , except that they were going to Newbridge after Mr . Frost . He then says that a person of the name of Reid came as a messenger froai Frost , and that his name was George Reid . This part ot case is left in a good deal of doubt and confusion . The depositions of the witness , I believe , were read .

    •¦ Chief Justice Tindal—They were . Sir Frederick Pollock—Yes , aud in the depositions he epokc of this messenger as George Keeves , a collier , whereas he afterwards , as he bays _ , turned out to be George Reid , a shoemaker . Certainly it is often extremely convenient to fix upon a -wrong man , who cannot be called to contradict you , and prove that he was elsewhere , and then , at tho last minute , turn round and substitute some one else , of whom no mention has ever been made befere . And it is , moreover , not Terr easy to explain how Williams , who know the man—who lived within one hundred yards of him—who knew that he wa 3 married , should speak of him as George Reeves , a

    collier , when he turns out to be George Reid , a shoemaker . I observed that oue of you gentlemen put a question to this witness of considerable importance , as to how he would have addressed this man if he had spoken to him before this transaction , aud he answered George Recvea . But , Gentlemen , that wa 3 the only way in which he could have answered such a . question , and he had evinced sagacity enough to know that if he had said , " Why , I should havo called him George Reid , " he would have fouud himself in the predicament of being a detected witness to an untruth . He had , therefore , but one way to answer ; and I am sure you will agree with me , that I do not presa this answer too much if I Bay , that when you find a- question put experimentvm crusts

    one way , and which if answered according to the views of the person who puts the question , destroys the credit of the witness , it does not follow that an opposite answer should therefore set up that credit . But , Gentlemen , a blunder in a name I can understand , but how the witness can have made such a blunder in the business of a man whom he knewwho lived within a hundred yards of him , I cannot understand ; and I could have wished that the question had been further put to him by you whether , prior to this transaction , ho would have applied to this man to act as a collier or as a shoemaker . But now , Gentlemen , with these facts before us to throw a strong doubt over the credibility of this evidence , what is the alleged purpose which this witness

    resolves s He says , " We were told that we were to go to Newport to stop the coaches , the past , and all traffic . " This does not appear to come directly from Frost , for if I recoilect rightly , ho speaks of a messenger purporting to come from Frost , aud of the ¦ object of the meeting as being talked of or coraniunicated , for the witnes 3 says , When it was said we were to go to Newport , it was said wo were to stop the coachc 3 , the post , " &c Now remember , Gentlemen , " stop the post , " for this is more important than the surrender of prisoners , and I shall have to call you ? attention particularly to it . Well , the witness was asked what besides they were to do at Newport ; and he said "ther were to stop there and guard the town , and that nothing

    more particular occurred . " At that time Mr . Frost had not arrived . The witness said , and he is also confirmed by tho respectable evidence of Mr . Brnff , that Mr . Frost did not appear at the Welsh Oak till break of day . Now , with respect to the declaration of Matthew Williams , as it does not come home to Mr . Frost at all , I do not think it very important . But you will judge from the character of the man and of his communications , whether it i 3 even true that it was ever said at all . I may say it is of r . o importance , and I may say that I don ' t believe it ; but the question is what you believe ! I certainly hold it irregular to make any personnal declaration of my own belief in ordor to uuide yours ; and my learned friend interrupted me

    when I did so the other day ; but it is sometimes impossible , in the warmth of argument , for an advocate to avoid mixiug up his strong personal convictions with his professional representations . Tho question , therefore , is , whether Mr . Frost , being absent , you attach a-iy importance to it , and if you do , whether you will believe tho fact on the evidence of such a witness , more especially when you come to consider the fallacy , tho improbability , nay ( as I-shall presently demonstrate ) tho utter impossibility , of some of the propositions thus stated . And here , gentlemen , let mo call your attention to the manner in which this case—some part of it—has been got up . I do not mean this in an offensive sense . I blame not those employed by the crown

    and the Solicitor of the Treasury in collecting evidence ; but it is quite plain that . thc moment after the affair of-tne morning of the 4 th of November , there was a general demand for some evidence personally against Mr . Frost . The declaration of the witnesses makes it plain that the story of the two boys , about the troops the supposed communications to and from different persons in the course of the march , were gathered in consequence of the eager search , at the expense of indemnifying all those who would furnish suth evidence . Indeed , one of the witnesses expressly teils us , that when he had said what he bad to say against Mr . Frost , he found himself placed in a very different situation to that in which he was before such a communication

    was made . 1 now proceed to the statement made by James Hodge , the fifteenth witness—but I am properly reminded by my learned friend , that there is also another ¦ objection to the testimony of Matthew Williams , but of -which his Lordships would have reminded you , and which I am sure you have not forgottou , namely , that he has been iu eustody for three months , not on a charge , but in consequence of a conviction f « r stealing . But to refer to the evidence of Jama ; Hodge , tho seeond witness on the second morning of evidence , who was examined immediately after Matthew Williams ; he gives this account of the object they Jiad in view ;— " I went to Frost , and askod iu the name of God what was ne going to do—was he goiug to attack any place

    or peoples He said , '' he tow going to attack Newport , take it , and blovr up or down the bridge ( I cant , say which ) , and prev ? ut inn Welsh mail from proceeding to Birmingham . " He said there would be three delegates there to wait for the coach one hour and a-half after time , aad if it did not arrive , then the attack woi 'Id comEeuce at Birmingham , and from thence spreivlto the north of England and Seotland , and that' wu a signal for the whole nation . ' M y own aote which I commenced with , is wore imperfect than fjut taken by some otner person * , a ,, d , wMch { : ho j j gen leman referred to the London nenYinpcr refm ^ i T ° £ o ' him ) J ma y » ' witho » t « 5 EH 3 ie $ i reter j for thejurnoM of rofre shine my

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    recollection . This , therefove , is the description given by this witness of the . object of the great movement from Pontypool , ? iant ) 'glo , and Blackwood . It is more strange , s » . id it cauuot have oscap « d you , gentlemen , as a retna-rkablo feature in this case , that not ono of those professed objects , according to the witnesses against the prisoner , was ever attempted to be carried into execution . It may be said by mv learned friends for the Crown , that they were totally routed or defeated lon ^ before it was time to begin any ono of them . But , gentlemen , where is the cvidcuco even of such au iiitentioH ? I should have thought that if they had really meant to blow up the bridge , that tho military possession of the post of the Westgate Inn was of very small r ™ . « iww This , therefa-. ^ i « t . hn rfemrinti nn

    importance , compared with at once setting about that chief , that great important object , which Hodge says they had in view , aud which was to give the signal to the whole nation , viz ., the taking Newport , blowing up the bridge , and slopping the mail from proceeding to Birmingham . Now , then , gentlemen , let us direct our attention particularly to the point , and here I niigfet add , to the advantages of which the Crown has not . deprived the prisoners , that of your personal anc-l local knowledge of the surrounding districts , of the temper of the inhabitants , and of the cfeuts which have taken place within the last few mouths , and which you may rot ' er to as a matter of public notoriety . This advantage ^ it was certaitily competent to the Crown to havo deprived us of 'by

    changing the veuuo . Now , I am told that the mail from Ncv port to Biraiugham proceeds first to Bristol , t ' . iat it crosses the water at tho short ferry , that is at the Old Fassngc , which is the , shorter one of the highest up tte river ; and I dare say i » aay of you arc awaro that thetnailitsclf , i . c . themailcoach ^ does not cross the passage at all . I cannot , -gentbmen , I have no rigfct to pres 3 any experience of my own into this service ; but I have a right te appeal to yaurs , whether , when you come to the passage , it is cot the letters only that cross , whilst tao coach itself docs not ga over . Indeed , it would le exceedingly silly to take a coach across a passage frequently rough , and sonKtimes dangerous . I understand that I shit )! be in a ¦ situation , if necessary , to prove the

    fact ; but if there be any difficulty , I -dare Bay you know the truth . When the mail arrives at Bristol —we find fet Bristol acts as a sort of general post office for all that part of England—tho letters arc taken out and re-sorted , and a new mail goes on from Newport to Bristol . The sawne coach , then , that leaves Newport does . not cress the passage to Bristol ; the coach that carries the letters from tho passage to Bristol does not go on from Bristol to Birmingham ; it is not the same coach that performs either of these three journies . How monstrous , then , how absurd , to imagine for one moment that the non-arrival of the mail from Newport to Birmingham for an hour and a half after time should be the sigual for a general revolt ! What effect

    would the blowing up of the bridge have I I am reluctant , even hypothetically , to suppsso such an absurd intention on the part of Mr . Frost . Let me , then , suppose that the bridge is blown up , for that certainly would stop tho mail going out of Newport . But how would it stop the mail leaving Bristol for Birmingham , in order that the three delegates might know of what had occurred at Newport \ Was it to bo supposed that the Bristol and Birmingham mail depended upon the arrival or non-arrival of the Newport bag , that all the North of England was depending for its communications upon Newport , or because the Newport bag was detained , and then the three delegates , seeing the coach had not arrived , for it to march their troops?—and yet this is the sagacious scheme ascribed to Mr . Frost . This , according to the Crown , was tho plan laid by Mr . Frost for communicating with tho North of England

    and take military possession of the north . I say that such a plan could give no iuforniatiou—I say that he might as well havo agreed with the three delegates of Birmingham to look at the same star in the heavens at the same hour , as to adopt this mode of communication . I think that it became the Crown , when u relied upon such a piece of evidence as this , to have gone a little further—they should havo shown us some of the dfrcis which might be supposed to have resulted from it . They have dono no such thing—they have attempted to do no such thing . I do , therefore , charge this declaration of Hodges , that it is absurd not only to the verge , but actually into the impossibility of its being true . I say that if Frost had used this experiment there could Do no three delegates to have taken advantage of it : there could have been none to await the non-arrival of tho mail . But then you are to remark that Mr . Frost is a man of business : he has had constant

    communication with Bristol ; he makes his bills payable there . I shall have occasion by and by to show you that he had a bill coming due on the 4 th of November—on that very Monday—and that he had made provision for it at his banker ' s . I shall have occasion to prove that he had made provision for that very bill on tho Friday before . I shall make- use of that fact , as you all must easily perceive that it is very important to explain this business . I we the fact of Mr . Frost's being a man living in Newport , and being in tho habit of transacting mercantile affairs , must have known a 3 well as the postmaster at Briahow the mails were conveyed , and therefore must havo been conscious that such a scheme must have

    been absurd aud impossible . It is plainly tho invention of tho witness who put the wordsiiito the mouth of Mr . Frost . If he had uttered them , he must hate been raving . They could not possibly originate in his mind ; for he knew well what was the mode of communication to Bristol . If tho officers attach great importance to this part of the charge—to this stopping of the post—to this stopping of all communications with the North ; and it is plain that they did so , for the Attorney-General condescended to dwell on it at length ; it is plain that the Crown thought it so very important that the Attorney-General stated it to you very fully ; and it is one of tho few parts of the caso in which he favoured U 3 with details .

    But if I show to you that the thing is absurd and impossible , what becomes of the charge that rests upon that foundation . Some mention the fact of Frost having provided for tho payment of the bill which was due upon that very day from the Friday previously , I mention it to show you that Frost communicated with Bristol . I say it because the officers of the Crown , if they meant to rely upon this part of the case , I do think it became them to show the course which the mails take for Newport and Bristol , and from Bristol to Birmingham , and not to throw upon Mr . Frost that explanation which I understand there will bo no difficulty in giving . In these matters we cannot tell how far tho personal knowledge of the witness will bear out tho

    statements we are instructed to make . 1 believe , however , your Lordships on the Bench , several gentlemen at tho bar , and I believe that many of you gentlemen thero know tho truth of that which I now open to you . Letters go from Newport in a coach which docs cross tho ferry . They are then taken up on another coach , which does not cross the ferry , and they are then taken to Bristol , where there is a general office where they are Borted and sent to the west of England . This Mr . Frost well knew ; and yet Hodges would induce you to believe that ho was guilty of the absurdity and folly of making a communication to the three delegates at Birmingham , who were to wait for an hour and a half for the nonarrival of the Welsh mail . Now , if Newport-bridge

    was blown up or blown down—if the letters in it were singed or burned—if Mr . Frost got possession of the bp , t;—still the mail that left Bristol would reach Birmingham in a proper hour . I say that of all the unconnected and absurd stories that ever were made for the purpose of being presented to intelligent men this is the most absurd ; ar . d yet it is by its means that you are called upon to fix upon the prisoner at tho bar the highest crime of which he can bo guilty against society . Having , I trust , then effectually removed this charge of tho intontion to blow up the bridge , and thereby giving a signal to Birmingham , Manchester , and the north oi England for a general riot , I proceed to make another remark . I think it was said that when this

    occurred it was to be known at Birmingham and London on Monday night . There is an absurdity in this very statement . The mail was not to leave till the evening of that day , I believe not until Tuesday ; this shows you the absurdity of the idea of stopping the mail . It only shows you that the remainder of the statement is perfectly inconsistent , and will ultimately turn out as being utterly without foundation . 1 am reminded that this was no part of Hodges , but part Harford ' s , the twentyeighth witness . He stated that the mails were to be stopped , and that the information was to arrive in Birmingham on Monday night . I should have suspected if thero were any foundation for

    this part as connected with Hodges ' s statement that my learned friend would have proved on the part of the Crof n something showing that there were preparations in Birmingham , or that somethtag was done by the people of the-north of England to correspond with the suppose ;! riots at Newport . According to the rule of one of your lordships this declaration of Hodges would have « pened to the Crown an opportunity of giving evidence of this sort , louare aware that tho government has unlimited means of procuring information , and unfettered resources to bring those means to bear . It shows that Hodgea declaration about the post , which is the basis of the charge in this ease , is completely without foundation . My learned friend iB not in a eon

    dition to show that thero was any preparation in Birmingham or elsewhere to take tho sigaal that was to bo given by Mr . Frost at Newport . Is thia true , or is it false ? If true , must there not be a movement somewhere or another ? But it is imaginary up to tin ' s moment ? There is nothing to shew that it is otherwise . Can you , then , by any possibility , imagine that Mr . Frost had thus planned to blow np the brid ge and stop the mail for an hour and a half , to give information to three persons at Birmingham \ Can you imagine that lie arranged , without government having some information of some meeting of some portion ofthe people assemblingsomething or another on the part of tho people of hngland—to show that they were awaro of this important communication . The evidence on this point is a complete blank . There is no snoh testimony . I tnerotore have a right to ask you to believe no eueh

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    thing . There were no dolegates waiting , and there wero to be none—there was no effort to b ^ made at co-operation , and there was none—there was to be no signal , aud there was none . Harford ' s statement is one fabrication . It is possible that the magistrates aud active officers ' , who endeavoured to trace crime to the bottom , wero anxious that , persons should givo evidence against Mr . Frost . When this is presumed , any ono might feel that he would bo encouraged , if ho canio forward like Harford . But what is his story \ He says tha « he was compelled to go along with them ; and yet he had the hardihood thine . ^^^ , no ^ u ,... - „„ : * : „„ nn A « , « . *

    to tell their leader that he was leading them like a butcher to tho slaughter-house . That was a very true aud a very just remark ; but here was a maa who Wi , s forced—ho was under compulsion ; and yet it is to be supposed that he was speaking to the leader , in tho face ofthe men to whom ho had given this explanation . He was asked if any oue heard him , or in whose presence this had taken place . He oe-uld not tell us ; all he eould say was , that he was compelled to enter iirtfnis service , and that he expostulated with Mr . Frost ; that he remonstrated with bim . This man said ho had tho hardihood to

    rciuonetntte with hmi , m the face of the multitude , m turms that were true and just , yet tho first opportunity that occurred he made his retreat . 1 have not done with Hodges yet , for it is only by taking this case piecemeal , and examining in detail , thai a person will bcable to gfit at the truth , or come to a just conclusion . This is the way , t&e only way , of getting to tho value of such testimony . There is no act dono by Mr . Frost , there is no act to give to tho transaction of the prisoner the character of treason . There is nothing else in the caso , unless you rely on tho evidence of Hodges . His deposition was read to him when he was 'cross-examined by my learned frisiul . He said that a man came in with a glazed hat , that he

    camofrom Newport , that tho soldiers wero all Chartists , aud that their arms were piled , up . This was infinitely absurd—it could not be believed ; aud yet it was brought iu as au instance of the truth . And yet how comes this man to make any such statement ? Hoclges told us that ho did not make it until the other day—that Iir did not tell it before the magistrates when he was making his deposition . My learned friend asked him if he did not think it to be material and important . The answer was " Yes . ' And yet , when he was examined before the magistrates , ho was asked how so very important a piece of evidence came to be omitted by him . It is for you to judge of the naturo of such testimony , and upon that fact to stamp your judgment , one way or

    another ; but I would also add to this the absurdity of tho story . Hodges admits that he was at lv > me and in bed at ton in the morning . Ho admits that , and I believe that wo have the means of shewing that ho was at homo and in bed at nine in the morning , or very littlo after that time . He escaped at a dark hour of a November morning , and ho had some twelve or thirtoen miles to go , and to be in his bed by ten in tho morning . He had even to go over a cross road . Recollect thoso things , and then you will find that the conversation which my learned friend made him fix at Pie-corner , could riot possibly have taken place . Like tho witness George lleid , he was obliged to make the conversation' to occur at the break of tho day . His story will bo found

    looking at the time ho reached home , as not consistent with truth , much less with probability . We lavo the evidence of tho brewer , that Mr . Frost returned to the AVelsh Oak , and was there at the break of day . It is then quite certain that , looking both at tho distance and tho time , it is impossible that this man could have had any such conversation as ho says he had . I have then to call your attention to the absurd , the ill-supported , and the monstrous charge that is founded on tho testimony of Hodges . First , observe that Hodges suppressed an important part of his testimony before the magistrates . I do not now stop to go through the whole of my learned friend ' s cross-examination ; for I perceive that you attended to it , as you havo during the

    whole progress of the case . But I pass now to the evidence of James James , who is the witness No . 17 , and who was called the second day , tho next but one after James Harding . He said that some man came to Ziphaniah Williams , to whom Williams said that ho hoped they would all come safe back , and that nobody would bo killed . I apprehend that this conversation related to the dangerous weapons which they carried , and which , I own , were calculated lo cause alarm , and to do a great deal of mischief . But the question is , whether they all went there as a matter of life or death more than once ? Remark , that it is proved that Zephaniah Williams told tho people that they wore to keep the peace . I dare say that it is one

    feature of this transaction which has not escaped your notice—that the people were desired to take food with them ; that it was not to be expected thai ; they wero to forage on their enomies . The real object—I trust I shall satisfy you as to what it was —the real object of the movers , it will be seen was not disturbance when thoy desired the people to take food with them the better that they might secure the preservation of tho peace . We havo the words of Williams , "I hope that all may get safe baok ; "and " 1 hopothat nobody may be killed . " The next person who gives testimony as to those who spoke is William Howell ,- and wo have him saying that ho heard Zephaniah Williams express the command that there should bo no shedding of blood , or

    any man hurt ; but that all might return to their own homes , in peace . The next witness was James Woolford , the gamekeeper to Mr . Phelps , who is concerned iu the prosecution in this case . Mr . Phelps is a gentleman of much zeal , and as much earnestness , and as much intelligence , as any one by whom 1 havo had tho honour of being instructed , aud it cannot but bo considered as natural , when he is engaged in the prosecution , that those about him should be disposed to give him every assistance . This man saici the Chartists declared they were going to take Nowport . Wo do not know whether this is to bo interpreted at the idle expression of some one that tho witness heard , and who declared , either that thoy were going to Noivport , or going

    to take Nowport . That might have been all fancy , or some one might have said that which was the expression of another witness , ' going to take a turn to Nowport . " The expression was one which the gamekeeper might have heard and mistaken , and , not knowing its meaning , havo interpreted as going to take Newport . The next witness was Thomas Saunders ; he was the twenty-fifth , and ho deposed that he asked Williams where he was going ? ' Williams said , " Why ? " " Because , " said tho witness , " somo of the men say you aro going to Monmouth to draw Vincent out of gaol . " Williams said , " wo are not going to attempt any such thing , we are going " to take a turn as far as Newport . " I havo col'ectod together , and picked up every particle of

    eviueucc that tended to throw a light upon tho object of theso persons . I think it much better that you should have them thus collected , the better to enablo you to determine upon the objects of these parties . Look then at Saiu-iders ' s testimony , and seo wlial does it amount- to i Why , said Williams , do you inquire what is tho ooject of their march ? Why i Because somo of tho men have said that you are going to Monmouth to draw Williams out of prison ; and Williams said , we do not mean any such attempt , we are only going to take a turn at Newport . And now that 1 have arrived at this point of tho evidence , I mean to glance at what was tho true character of the _ whole proceeding . Vincent had beon tried for sedition . His sedition was that which was avowed

    m language impossiblo to defend—language which I admit was dangerous to the peace , and possibly fatal to the good order of society ; aud for this offenco of sedition ho was then a prisoner . Ho was considered by the Chartists as a martyr to tho cause which he supported , and that he behoved them to evince their sympathy with him , and for that purpose meetings wero held . I think you remember the statements that wero read about Frost and Edwards . They gave a character to that meeting—they show that it was wished to take men out of tho gaol of Monmouth . And I believe I shall be able to give you some direct and positive evidence that it had been contemplated by large bodies of those ignorant mim that thoy would bo enabled to free him from prison . Frost

    deprecated any such violence as that . Ho considered it would be highly dangerous to the peace and civil ordor . Frost did not advise , but he permitted the march to Nowport . He permittod them to do so lest m their desperation they might take some resolution fatal to tho public peace . With that intention oniy he accompanied them , or permitted them to go to Newport , for the purpose of making their appearauco there , aud showing their strength previously to making another application to tho magistrates to release Vincent from imprisonment , or at least to render the charactor of his imprisonment less severe . And I say thero is ono passage in the evidence of tho Crown which proves this to be the case ; for one man in the crowd said ho was told

    they were going to Newport to take Vincent ont of prison ; but Williams said they did not mean to make any such attempt . Mr . Frost was proved to have held theverysame language ; butastherc was a desire to do something on behalf of the prisoner v mcent , he permitted them to go as far as Newport to show their strength and numbers , and tho deep interest that was felt on the part of so many persons for Vincent , and then afterwards making another appeal for his liberation . It was'to see whether au exhibition on the part ofthe Chartists would not benefit him in whose condition they took so lively au interest . I now proceed to those declarations in ., _ j- - — — — » v vuvuw UUU 1 IUUV 1 VUU Alt

    which the whole of the case ofthe Crown is involved . John Harford , who is the second witness examined on the third day , says that Frost intended , and said they should first go to the new poor-house , andtakethosoldiers » ndtheirarma , andthattherewas plenty of powder intfea town , which they should tako and blow up thflbridge , andstopthe Welsh mail , which would boa signal to fcks mon in the north , and that they wouJd then begin in the north on Monday night . You will soo how far this story is involved in the same story as that of Hodge of stopping tho mails . 1 do not mean to repeat tho observations I made on that subject ; if I did so , I should exhaust all your attention , aud my strength , v « tlwui acgomplighinj .

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    any useful purpose . You Can . jud ? e of the justice of of the remarks which I haw already made on this point . He adds , that they -were to begin on Monday night . This man uniienvont a cross-examination from my learned friend . If you reco ! lect , ho quibbled at " first about bein ^ in custody , about his stopping in tho poor-house—his boing bound to stop there- and about his being lot go . He had , he said , a few words with a man about Frost . He fiaid a powon talked io him about Frost—that ho was a jcrson whoso name he did not remember—that he jiover knew his name : he said that man told him that if he knew anything of Mr . Frost , and if ho wore in his place , he would tell it . Here , gentlemen , you will perceivo that a person is sent into a place whore persons are in confinement , aud whore there are unfortunate persons under criminal charges , and there it is permitted to transpire , that it any one is awaro of anvthinsr to criminate Irost , there ,,, rf ni ™™ . Von ftan in d ze ofthe justice of

    is an encouragement to him to tell it . I own that this looks-I will not say like an invitation to tell what is not known , but it looks like a plan , or part of a plan , to invite any person to state anything that may affect or criminate Mr . Frost , and au intimation that any such statement will bo received with consideration and attention . Williams added , that he did not get his liberty , but expected it ; and added , that on his making tho statement he did , ho actually did get his liberty . Ho was asked then if he knew a man t > f the name of Edwards or Morgan Tho natural answer , if his statement were true , was that Edwards or Morgan might , for aught he knew , have been the namo of tho man who spoke to him in the poor-house ; whereas he replies that Edwards or Morgan was not the namo of the man who spoka t <> Ih ' ih . It is not tuo much to say that-the whole of this communication—the blowing up the bridge , and the stopping tho mail—is a fabrication . Recollect that this reluctant individual had been twelve days

    in prison , and it was not till a person was admitted into prison to try to collect evidence , and that several persons were charged with high treason , and that the danger ho would himself be in if he did not give evidencs wa 3 pointed out to him , that ho makes the statement . What degree of credence is to be attauhed to a statement thus elicited , and made under such circumstances , is for you to decide . I am reminded here that an accountant was called to prove that thero was powder in Newport . Why an accountant , who was only so long back as ten years ago partner with a powder manufacturer should bo so called , I cannot understand . I do not understand why this was done , for there is no place near to where mining is carried on where powder may not

    bo found . It appears to me , then , it is as absurd , this declaration of seizing the powder , as Hodges ' s testimony , and that there is no foundation for the story , nor is any attempt made to prove it by the Crown . I believe there is only one other witness , a man named William Harris , who was examined next to Harford . Harris ascribed to some person named Davis tha , r , there wero enough to eat Newport . Now , assuming that the object of this meeting and of tho march to Newport was for tho purpose of making a demonstration of tho strength and numbers of tho se who took an interest on the part of Vincent , I can well understand the expression of being enough to eat up Newport as being perfectly harmless . ' It might mean that they could march them in such

    numbers , and make such a demonstration of their strength , as would show that , if they wero really disposed to Jo mischief , they had tho power of doing a great deal in thcr hands . But , 1 ask you , if the statements of this witness are true—are they , I ask , such as can gain the slightest credit from men making use of their reason 1 This man swears he heard Davis tell them to go on—that they were enough to cat Newport , and then the depositions wero put into his hands , respecting which an important questio-i was put by a juryman . The deposition is dated on tho 5 th of November . ( Tho Solicitor-Gencval hern whisporod to Sir F . Pollock . ) I find from my learned friend that this is a general heading , and that it is used equally for depositions made on the

    5 th , ( ith , 7 th , and 8 th of the samo month , and as a another of those points , which shows that there has not been that accuracy in this case which ought to have been preserved . Tho witness commences his examination by saying I cannot tell how many Sundays ago it is since he was with tho Chartists , and then in tho course of his deposition he says , '' I am sober now . " That , gentlemen , is an important statement , and it is oue of much more importance than , at first sight , it might appear . It seems from this that he had been drunk the day before , and that ho was sober then , for he declares that '' between the drink and the bother , I did not know what I said . " He states that he had drank the day before , porterand two pints of hot gin ; that he had

    , drank these in company with a man and a soldierwho was the man ? Tho man with whom he had boon drinking tho hot gin was a constable ! He , too , was examined after he had had the gin and the beer ! He says that he was almost tho whole of tho day before with a young man—it was after this he was examined ! It was quite plain ; but the next day his two statements were read to him—that which ho was supposed to havo made whon in the condition io which beer aud gin wore likely to have reducod him , and the other whon he was not drunk . What , then , must thoy think of a witness who is taken to drink with a constable and a soldier until his conscience ia drowned in the liquor they have induced him to swill , and then , when ho is in this drunken condition ,

    is brought before a magistrate , for tho purpose of giving information ? But the magistrate before whom he was brought , becomingly refused to permit him to sign it , and he was dismissed for tho night ; and when brought before the magistrate in the morning , ho says " I am sober now , and I did not think that what I said I should have to state on oath . " Why was this ? Because sobriety had brought back to him his reason and his conscience . But then , for somo reason or another , he is induced now to reassert in the box that which ho first said while uuder the influence of the soldier aud the constable , and which , in his sober moments , he had disclaimed . He was asked ; it appeared , by his deposition , if he was so drunk that he had forcotten that he had

    been examined ; and that he did not know what he had said . Ho now states that he did know what was said ; and that what he had stated was false ? Thus it is that this testimony is got together—that the life or death of Mr . Frost is at stake—that the honour and loyalty of lO ttOO inhabitants of this county are implicated , and tho supposed peace and security of the whole kingdom was imagined to bo endangered . It is all made to rest upon the evidence of the map . who put his cross to this deposition . But , all this it is for you to judge of . L have now , gentlemen , dono with my comments upon tho supposed march upon Newport ; and I now do trust , without having to recaptiiilato generally that evidence which has been given by witnesses—I trust that I

    may ask you with confidence that lias increased as 1 havo been stating the evidence , is there that clear and convincing evidence which my learned iriend admitted must exist in a , caso of this kind ? I now proceed to comment npoii a pa ^ t of tho ease to which I moan especially to direct your attention—I mean tho deliberate firing on " the Queen ' s troops . A dispute between the powers entrusted to preserve the peace , and mobs may take place , without involving , as wo all know , the parties iua charge of high treason , but the imagining a deliberative attack on tho military force furnishes , I admit , a stronger argument in support of a treasonable attempt . Before I call your attontion aud that of my lords to this _ particular part of the case , I wish to divide ray views upon it into two

    ouestionshrst , at what time did tho military arrivo from the poor-house at the Westgate ? and next , how did the mob conduct themselves when the military were unmasked ? 1 think 1 will satisfy you that Mr . Frost did not know , a : id could not have known that tho military were there . Thero was not one who was with him wno knew it or who had the slightest notion that the military were in the house . You find that the moment the military appeared and fired the mob ran away . This is a strong confirmation of what was their intent . It shows that their object was not warfare . They all ran away ; they threw down their weapons , and , as ono of the witnesses stated , lie saw 10 , 000 retiring with the greatest precipitation to their houseswhich they had left either

    , that morning or the day before . I have taken the greatest possible pains in ascertaining at what precise moment it was that the soldiers arrived at the Westgate , and how it was that they reached it from the barracks . 1 am exceedingly glad , in order that you may understand the subject , that you have had plans- laid before you [ Sir F . Pollock here explained in the plan the situation of the Westgate aud tho barracks , and the road by which the mob came towards the Westgate , as well as the placo where it was alleged Mr . Frost conversed with the two boys who told him ofthe soldiers being at the Westgate ] .

    I , up to the time when this case began , and until Mr . Wateis stated that he had gone for the soldiers , was of opinion that tho military had been at the Westgate all the previous night , and , thereforo , that it was a fact whien in all probability must be known to Mr . Frost and others ; but you now perceivo that it is impossible that the boys could have told Mr . Frost that tho soldiers wero at the Westgate , or that they could have known it . It is rather singular that both these are in the employment of Mr . Phelps the assistant solicitor to the Treasury ; and it does seem to me rather curious that it does 80 happen that thero is not one porson to be found to give evidence against Mr . Froat who is not in

    Bome way or another connected with the prosecution Another statement of ono of those boys is equally unsupported by other testimony , and is equally destitute ot foundation , namely , that the parties went towards the Westgate in any other way thau by btow-hill . One of these boys said they saw tho men planning . From this it might be imagined that Mr . l'rostwas like a , skilful chief , with a map ofthe place before him ; and saying , let one take the placo on tins side , and another flank it upon the other , 'lhis was said by one boy , while another said they would not let him go down by Charles-street , which I fake to be the other street , which went on the opposite side of the Westgate ; and then , what was the planning , " that one said that his weapon was damned / sharp , fy i » to be remarked that my

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    learned frionds never asked the boy how it was that ho ttame to know that tho soldiers wero at th » \ Vest « ate . Perhaps you will ask me wh y I did not nut tho question ! I or tho plain reason-first , it appeared to my learned friend and myself to be a trumDod-u p story , and it did not become us to clear t up with that which would not bo evidence , namely , his saying such a one told me . I now come to that part of the caso which is made to bear most strongl y aeainst Mr . Frost-namely , the firing upon tha military after they wore unmasked , and mean to state nothing disrespectful of Captain Grey , or of Sir Thomas Phillips ; but you will find them completel y at issue upon tho fact which of them it was that opened tho window—that being the post of danger . ptain findis of inion that tho military learned frionds never ' asked . was that

    Ca Grey , you , op were fired upon after the shutters were opened . Captain Grey was aslcud oinphatically by ono ofthe jury— " Are you s : i ; i- ;; -.. i :.: ! i . i . after the shutters wero opened , and tin ; ui'ii . ai-y displayed to tho mob , the mob fircl npo - i .: !• > . ! miiic- ' ry ? " His answer ig what wo lawyer * < -: t'l a iva-. miiiR answer ; for it was that '' it * must h . ivj bwa so "—not "that it was . " Wo always uoject to any answer of that kind , illld with ! fl « ail reason . Captain Grey having thus reasoned himseif into the faot , says , that tho mob firod upon the military aftw tho shutters were opened aud the military were unmasked . Now , I mean nothing disrespeetful to Captain Grey , because I am convinced that he means to convey no other impression than that which i » udou his own mind . It often happens that we

    havo no other means of answering a ? to *> y-gono transactions than in going back to our recollection , and looking to the strong . mpression which facts havo mado upon us ; if we find that thero aro in our minds two impressions , inconsistent and contradictory to each other , that which is the more fading gives way to that which is the stronger ; and thus it is that Captain Grey states that which is clearly not true : ho is led , by a process of reasoning , to state that which certainly did not tako place , but which statement is of tha utmost importance , as it affects the guilt or innocenco of the prisoner . Captain Grey is askod this : — ' Are you satisfied that the mob fired upon the military after they were unmasked ? " " They must ' he

    savs , "have seen me and fired afterwards , for Serjeant Daly and the Mayor were wounded together . It is , then , the fact of the Mayor and Daly having been wounded together that makes him say this . But then you find , in answer to another question , thirty men in a small room , into which a shot could not bo fired without wounding soino ono ; and yet his only reason for saying a shot was fired , when tho military were unmasked , is—that the Mayor and Daly were wounded . The Mayor has said that ho gave orders to tho soldiors to fire , while Lieutenant Grey says that , without receiving any orders fro / n tho Mayor , he gavo tho word to his men to load and fire , becauso he found thetimo had come when it was necessary to do so . I mention this difference ,

    becauso it shews how necesssary it is , when a matter comes to niceties of expression , to bo cautious what degree of weight is to bo attached to them . Here are two gentlemen upon whose truth no imputation can be cast ; but they diffor as to the window . The Mayor is probably right , for ho was wounded , and his recollection would , therefore , bo more likely to be correct . They differ both as to the window , tha order to five , and time of firing . The Mayor is probably right , becauso he says he heard shots , and felt lis hand numbed ; and oh looking at his arm he found ho was wounded : ho was also wounded in . the hip—that the wound in his hip was caused by a ball , and that in the arm by a slue , and that ho \ va 3 shot in the act of opening the shutters . Captain .

    Grey ' s eyideuce as to the time and other particulars ; while Sir Thomas Phillips expressly states that h » and the Serjeant wero vvoiraded i : i tho act of opening the shutters , and then the soldiers fired . Gentlemen there was no fire returned— -thfiro could have boon none ; for if there had been , it must have bceu fatal . A shot going into that room , with thirty persons in it , could , by no providential possibility , have escaped at least doing somebody much grievous injury . Goutlemen , my learned friend near me ( Mr . Kelly ) tells mo that 1 havo rather understated tho matter . Gentlemen , I would rather understate than overstate it , because that I feel that tho case , iu thia part , is plain and clear and admits of my keeping within the strictest limits

    ot that which is strictly true and accurate . 1 find the cir cumstances more fully stated by the mayor . He says-- " I perceived that the soldiors could " nofc act on account of the lower shutters . I observed that Captain Grey had opened one , and I opened the other—nearer to the centre of the house" —so that he places Grey more to tho left , near the door . Ho then says , " I turned round and felt my hand numbed , and on looking at my arm found that I was wounded . The shot was fi-ed from the outside as I was iu tho act of opening the window shutters . I saw no soldier before . " Now it is quito plain that the circumstances belonging to this part of tho case are these . When Captain Grey , either being ordered by the mayor or upon his own responsibility

    considering that the period had arrived , ordered his men to lire , and the men were preparing to obey tha order , and fire upon the mob , Sir T . Phillips received the wound from the effects of which he is still suffering . . Tho moment that Captain Grey opened the shutters the soldier fired , and not a shot was fired into the room afterwards . It is impossible it should , without being fatal or highly injurious . I think , therefore , I may fairly say that I have now disposed of an important point in the case , about which I observed some of yon , gentlemen , evince considerable anxiety to get at the truth ; and , after the evidence which has been stated and commented upon , I think no man can doubt that the military arrived shortly before tho violence took place , and thathe

    t moment they pointed their pieces to fire , that moment—that very instant—the mob ran away , threw down their weapons , and no sort of resistance was offered afterwards . Now , gentlemen , with respect to another fact of importance—the existenco of prisoners in custody . 1 had intended at one time to collect all the evidence bearing up on this point , but the statement of Sir Thomas Phillips is so clear that no man can doubt that from twelve o ' clock , and forward from that time , stragglers were brought in in custody , somo of whom were kept at the Westgato , and some sent to the union workhouse . They wero prisoners , Chartists , persons of whose confinement Mr . Frost and the oihors wero awaro , and for whoso liberation

    they were loud and vociferous at the moment whon thoy first went up . I believe , gentlemen , that I havo ma : ic a noto of the statement of ono witness to show how very wide ofthe truth impressions may be made . Daniel . Lvans says that the moment tho crowd saw m the front a man falling thev instantly dispersed , and that tho soldiers firod from ' the room before t . io shutters wero opened . It is quite plain , gentlemen , that this can ' t bo true , there is no doubt about it , but it shows how impressions sro abroad , which have no founda tion in fact , and Waters , a witness , who was examined very early in the caso , says that some hundred volleys were " fired . Now , Captain Grey stated , from the best information no doubt , that the soldiers on an average fired onlv

    three cartridges each . How many thoy fired through , the window we do not know . Whether they fired twice I very much doubt , as it appears thoy fired through the door , for Capt . Grey says that the mob advanced , and they always faltered when they came to their dead body , and then they received one fire . It this procoss was repeated often , it wiil easily account for tho expenditure of ammunition which Captain Grey describes . I believe , gentlemen , I have now gone over most ofthe evidence which it is necessary for me to mention to you . The peculiar features , or the general outline of the caso , we do not come here to deny . We aro not here to deny that persons were assembled in largo numbers ; we

    do not . deny that they marched ; we do not deny that vhey wero armed ; but we assort that the moment , the first moment , that the military appeared , and there was any appearance that what thoy were doing might bo construed into treason , that ' instant thoy all dispersed ; not a man remained ; the town was cleared and quiet in the space of a very few minutes . Gentlemen , I think it important that I should next call your attention to tho personal conduct of Mr . Frost about that time , aud during the whoie of that day . The learned aeutlcman here broke off , and requested permission to rest for a few momenta , as it was about the hour when the jury usually retired . Permission was granted by the court , and the judges aud jury retired for refreshment .

    At their return , Sir F . Pollock said-Gentlemen , I resume tho observations which I was addressing to you , expressing , as I am bound to do , my sense of tho kindness and indulgence which has beon extended to me by my lords . Geutlomen , it appoars to me extremely important that yon should consider all the events of that day , and that as a key to tha explanation of them you should also consider the personal conduct of Mr . Frost himself on that day immediatel y after the occurrence , before it , , aud , perhaps part of the history and character of Mr . fcrost , as residing and carrying on business in the town of Newport . Mr . Frost , gentlemen , as you ( Continued in our First page . J

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    O'Connor , Esq ., of Hammersmith , County Middlesex , by Joshua Hobsoh , at his Printing Offices , Nob . 12 and 13 , Market-street , Briggate ; and Published by tho said Joshua Hobson , ( for the said Feargus O'Cohhor , ) at his Dwellinghouse , No . 5 , Market-street , Briggate ; an internal Communication existing between the said No . 5 , Market-street , and tho said Nos . 12 and 13 , Market-street , Briggate , thus constituting - the whole of the said Printm **"* -rublish % Office one Premises . All f ^ namunication ^ rfsCTc ?; & >

    Untitled Article

    — THE NORTHERN STAR , ^ _ _ __ ^^ thei boy how it ¦

    Leeds : —Printed For The Proprietor, Fbabqw

    Leeds : —Printed for the Proprietor , Fbabqw

• Citation
  • Northern Star (1837-1852), Jan. 11, 1840, page unpag, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2666/page/8/